Why is a bank account dormant

Suspending the attachment - what does this mean for debtors?

The most important thing about "putting the garnishment dormant"

What does the suspension of a garnishment mean?

Putting a garnishment dormant means that it will be suspended for a certain period of time.

What are the consequences of an account attachment?

If, for example, an account attachment is suspended, the debtor can fully access his account again.

Which requirements have to be met?

Creditors often get involved when the debtor agrees to an agreement to settle their outstanding debts in installments. However, if he does not fulfill his obligation, the attachment is revived.

The seizure is suspended thanks to payment in installments

A seizure is a so-called foreclosure measure. you ensures that the creditor gets back the money that a person owes him. There are a few different forms of attachment. The best known are probably the Attachment of accounts and wages. In the case of the former, the creditor can access the debtor's account. In the latter case, the debtor's employer is obliged to transfer the attachable part of the income of the person concerned to the creditor.

For many debtors, of course, this is one stressful situation. However, there is the option of taking the measure, so to speak to pause. The obligee can put the attachment dormant. Often he agrees when the debtor is willing to comply with an agreement to pay in installments.

The original attachment will then temporarily canceled, however, it is by no means over. Should the debtor fail to meet his payment obligations, the garnishment is resurrected. For example, if a creditor has an account attachment suspended, the duration of the measure is either as long as until the person concerned has paid off his debts or he no longer pays the agreed installments.

This measure is not only possible in the case of an account attachment. Among other things, creditors can also have a wage garnishment suspendedif an appropriate agreement is made.

What if a dormant attachment meets a new attachment? In this situation, it is usually the case that the first seizure is revived. So it no longer remains in a dormant state.

Dormant attachment of an account: The bank, as a third party debtor, must consent

The fact that creditors suspend a garnishment occurs especially when it is a question of a garnishment of an account. However, one important point must be observed here. The Federal Court of Justice (BGH) ruled in December 2015 that it A suspension can only come about if the third party debtor, in this case the bank, agrees to the agreement (Ref .: VII ZB 42/14).

"Pausing" the garnishment: How the rest position can be agreed

To put a seizure dormant, can only be initiated by the believer himself. However, as a debtor, you can approach the creditor and this one Submit a proposal for payment in installments. In return, this should then bring about the rest position.

Put the garnishment dormant: sample for free download

As a creditor, are you unsure how to suspend the attachment? The following template provides an initial indication of the wording of the letter. We show here by way of example how you could suspend an account attachment. However, the sample should not be accepted without being checked. It serves only as a template.

In such cases, it is best to use a Assign a lawyer to draw up the letter. They know exactly what is important in your particular situation.

Ulli entrepreneur
Baustraße 1
12345 Schreinerhausen

Schreinerhausen Bank
Münzweg 2
12345 Schreinerhausen

Schreinerhausen, July 30, 2019

Dear Sirs and Madames,

My concern concerns the attachment and transfer order of the local court Schreinerhausen from January 9th, 2019 with the file number 1234567. The debtor in question has accepted an offer to pay in installments. For this reason, I ask you to suspend the attachment of the account.

The rest position should continue until you receive information to the contrary from me. I clearly point out that the attachment has not expired. Furthermore, the position of rest does not change the rank of the garnishment.

With best regards
Ulli entrepreneur

Here you will find the sample that can be used for the suspension of the seizure as a free download

(40 Ratings, average: 4,75 of 5)
Suspending the attachment - what does this mean for debtors?
4.75540Loading ...